Opinion
September 28, 1998
Appeal from the Supreme Court, Westchester County (Rudolph, J.).
Ordered that the order is affirmed, with costs.
"The rule is well settled that where questions of fact are submitted to a referee, it is the function of the referee to determine the issues presented, as well as to resolve conflicting testimony and matters of credibility, and generally, courts will not disturb the findings of a referee to the extent that the record substantiates his findings and they may reject findings not supported by the record"' ( Kardanis v. Velis, 90 A.D.2d 727, quoting Matter of Holy Spirit Assn. for Unification of World Christianity v. Tax Commn., 81 A.D.2d 64, 71, revd on other grounds 55 N.Y.2d 512).
In the instant matter, contrary to the plaintiff's contentions, the findings of the Referee are fully supported by the record and there is no basis to disturb the order of the Supreme Court ( see, Freedman v. Freedman, 211 A.D.2d 580).
Miller, J.P., Copertino, Pizzuto and Santucci, JJ., concur.